A meeting of the State Legal Aid Committee met in New Delhi today under the chairmanship of Prof.Bhim Singh which advised JKNPP to file a writ petition in the Supreme Court challenging the validity of the judgments of J&K High Court on Article 35(A) and 370.

Prof.Bhim Singh, Sr. Advocate and Executive Chairman of the State Legal Aid Committee described the two judgments of Srinagar Wing of J&K High Court dated 16.07.2015 and 09.10.2015 as violative of the Constitution and without jurisdiction of J&K High Court. Prof.Bhim Singh said that Srinagar Wing of the J&K High Court has acted beyond its authority and competence rather without any jurisdiction to deal with a matter pertaining to the Constitution of India which can only be dealt by the Parliament of India and none else.

Prof.Bhim Singh said that this judgment of High Court is also violative of Section 3 of the J&K Constitution which has mandated that J&K is and shall be integral part of India.

Several lawyers, jurists and notables from the civil society who attended the meeting appreciated the decision of the Panthers Party to file a writ petition before the Supreme Court of India challenging the validity of the two judgments of J&K High Court.

Prof.Bhim Singh has expressed surprise that PDP a ruling party in J&K has supported rather appreciated this judgment in spite of the fact that BJP which has been claiming to abolish Article 370 is sitting silent over the issue. He wanted Prime Minister Modi to come out on the issue so that the people of India shall no longer be exploited by BJP in the name of Article 370.

While addressing a press conference in Srinagar (Kashmir), Prof.Bhim Singh urged President of India to advice J&K Governor to dismiss the present government and impose Governor Rule to save the situation from going out of control. He said that the people of J&K have remained committed to secularism for centuries and they are not for any violence for conflict. He accused the state government for the present chaos and anarchy and claimed BJP for the present mess. He said both the coalition partners wanted the Assembly session to be diverted from the real issues including corruption, communalism, delimitation, rehabilitation of Jammu Migrants, return and rehabilitation of Kashmiri Migrants, the comprehensive rehabilitation of 15 lacs refugees from POK & Pak and several other issues being faced by the people of Jammu Pradesh.

Prof.Bhim Singh said that the present government has failed to enforce the state laws including legal ban on cow slaughter. He said that the BJP instigated the whole issue by filing a writ petition the J&K High Court and the PDP filed a counter petition in Srinagar only to add fuel to the fire.

Prof.Bhim Singh appealed to the people of J&K, particularly the youth to ensure that the brotherhood is not disturbed and the enemies of the people and foreign powers do not try to sabotage peace in the country.

Prof.Bhim Singh said that bandh call by Panthers Party in Jammu Pradesh was to draw the attention of the Central leadership that the people of Jammu shall no longer be allowed to be treated as slaves.

About the resolution of the present situation, Prof.Bhim Singh demanded Governor Rule without delay. Dissolution of the Assembly so that fresh election may be held to enable the people to elect the government on their choice to strengthen peace and brotherhood.

Prof.Bhim Singh also visited the NYC volunteers who have been sitting on hunger strike for the past 40 days in Pratap Park, Srinagar demanding jobs/work as was the commitment of the state. The leaders of the NYC volunteers welcomed Prof.Bhim Singh and Panthers Party senior leaders from Kashmir.

The senior Panthers Party leaders including Vice President, Masood Andrabi, Provincial President, Farooq Ahmed Dar, State Secretary, Sewa Singh Bali, several district presidents and office bearers accompanied Prof.Bhim Singh. Prof.Bhim Singh also expressed gratitude to the people of Jammu for their support to the ‘bandh’ in Jammu today.

An emergency meeting of JKNPP was held in its headquarters in Srinagar (Kashmir) under the chairmanship of Kashmir Province President, Mr. Farooq Ahmed Dar. Prof.Bhim Singh was the Chief Guest in the meeting.

Several District Presidents of Kashmir Valley, Members of the Working Committee and senior Panthers Party leaders participated. In a resolution Panthers Party expressed deep shock on the dangerous situation that has arisen in the state following total collapse of the administration and non-existent of the government. The JKNPP also reviewed the situation created by the failure of state government to enforce the existing laws of the state and maintain communal harmony and brotherhood which has remained a symbol of J&K for centuries. The Kashmir Council of JKNPP in a resolution urged President of Inida to advice Shri N.N. Vohra, the Governor of J&K to dismiss the present government forthwith and impose Governor Rule without delay so that a common man may feel safe and secured in the state who has lost faith in the present government. In another resolution the Panthers Party made a strong appeal to the people of J&K particularly the youth and the students to come forward to maintain communal harmony and strengthen brotherhood which has been in-existent for centuries. The Panthers Party also congratulated the Panthers Party leadership for working to uphold the values of secularism, brotherhood and fundamental rights of every resident of the state.

The Panthers Party in its resolution said that this is right time to invoke Section 92 of the J&K Constitution to impose Governor Rule by dismissing the government and dissolving Assembly. People in both provinces Kashmir Valley and Jammu Pradesh feel cheated by the ruling parties and would like to choose a government of their choice which can protect the interest of the people and the country.

Addressing the Panthers Party working committee and the activists in Srinagar, Prof.Bhim Singh appeal to the party leadership to continue their battle for maintaining peace and brotherhood and carrying on the movement for Governor Rule without delay. He said that handful of state politicians are working as ‘shaitan’to disturb peace in the state and damage unity, integrity and sovereignty of the country. Such elements must be defeated and the Panthers Party is capable of playing that part in the present situation.

Several Panthers Party activists held a massive demonstration at Jantar Mantar, New Delhi demanded dismissal of J&K government and imposition of Governor Rule without any delay. The protest was led by JKNPP President, Shri Balwant Singh Mankotia, ex-MLA and joined by several senior leaders of Panthers Party including M/s. Rajiv Jolly Khosla, Delhi Pradesh President, Romesh Khajuria, its Vice President, Surjit Singh Guleria, Dildar Hussain Beg, General Secretaries, Kuldeep Kumar, Ms. Neelam Thakur, Mehfooz Khan, Secretaries and others.
Mr. Balwant Singh Mankotia came from J&K to hold this protest to draw attention of the Central leadership and the government about the deteriorating situation in J&K following utter failure of the BJP-PDP government to enforce existing laws and the provisions of the Ranbir Penal Code which command that there shall be no killing of bovine animals or cows in J&K and make such killing as offence under Ranbir Penal Code for over 150 years. Mr. Mankotia said that in J&K there was no controversy on such laws protecting cow and bovine animals in J&K as the people respected each others sentiments and there was no conflict. He said the Govt. of J&K wanted to browbeat the Centre and spread communal hatred all over the country by using the Supreme Court of India as its political platform by moving an Appeal against J&K High Court orders in the Supreme Court. He expressed satisfaction on the decision of the Supreme Court of India to return the case back to the High Court by rejecting government’s appeal before the court.
Mr. Mankotia appealed to the President of India on behalf of the Panthers Party and the people of J&K and its civil society to advice the Governor of J&K without any delay to invoke Section 92 of J&K Constitution to impose Governor Rule so that fresh free and fair elections could be held and the communal and the sectarian forces shall be exposed of its dangerous and anti-national designs.
The Panthers Party also submitted a memorandum (Attached) to Shri Pranab Mukherjee, President of India and Shri Rajnath Singh, the Union Home Minister in this regard charging the State government of its utter failure to enforce the state laws and the provisions of the Ranbir Penal Code to maintain communal harmony and ensure protection to all citizens.

A Division Bench of Supreme Court of India presided by Justice Mr. H.L. Dattu, Chief Justice today rejected the SLP (Special Leave Petition) filed by J&K Govt. against two separate notices issued by Jammu Wing of J&K High Court dated 8.9.2015 and Srinagar Wing of same High Court dated 16.9.2015. The Jammu Wing of the J&K High Court had directed the police administration to ensure enforcement of the law as laid down in the Ranbir Penal Code (Indian Penal Code is not applicable in J&K) which prohibits slaughtering a cow or bovine animal in the state. The Srinagar Bench issued a notice to the J&K Govt. on another writ petition filed in Srinagar Wing of High Court challenging the validity of Section 298(A), (B), (C) & (D). The State of J&K instead of filing counter to the writ petitions (both PILs) chose to move an SLP before the Supreme Court of India on the ground that such notices have created law and order situation.

The SLP was heard this morning by a Division Bench headed by the Chief Justice of India which refused to entertain the SLP filed by the Govt. of J&K. In the meantime, Prof.Bhim Singh, Sr.Advocate submitted before the court that the two orders were neither contradictory nor such notices had created any cause of action for the Supreme Court of India to intervene. He also welcomed the decision of the Supreme Court of India to return the case back to the High Court of J&K with a direction that the Chief Justice of J&K shall constitute a 3-judge bench to hear both the writ petitions (PILs). The Chief Justice of India made it clear that the court was not staying the notices or orders issued by the two benches at Jammu and at Srinagar. Prof.Bhim Singh said that the Supreme Court clearly stated, “We are not staying the orders/notices.” The court said that the notice of the Jammu Bench is being kept in abeyance temporary till the new bench is constituted by the Chief Justice of J&K. The court also refused to interfere with the order of the Srinagar Wing of the High Court and observed that there is no reason to interfere with the powers/jurisdiction of the legislature.

Prof.Bhim Singh said that the Supreme Court did not use words contradictory orders as were used in the SLP of the state. The Supreme Court did not interfere with the provisions of the Ranbir Penal Code either.